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The distinction between who is an independent contractor and who is an employee in the realm of Connecticut Workers Compensation law is one of those issues that continues to gnaw at me. And, I think, it may be gnawing at the Compensation Review Board as well. In
Jordan v. Reindeau & Sons Logging, LLC the CRB took up an appeal in which the trial commissioner concluded the lumberjack that was injured while on the job was an independent contractor as opposed to an employee of the logging company and thus not able to recover for injuries sustained while working.
In reading the CRB's opinion, it is pretty clear that the trial commissioner could have gone either way on this one. I also get the sense the CRB wrestled with what to do. In the end, The CRB deferred and upheld the commissioner's decision. Now I can't say for sure whether or not the trial commissioner concluded as he or she did because of the facts or because the claimant was not represented by one of the more well known comp attorneys while the respondents were, but I think it is a fair question to ponder. There are a lot of intangibles that go into Connecticut workers compensation law practice and this is one of those scenarios that makes me go "hmmmm."
If you are injured on the job in Connecticut and would like a free consultation,
feel free to contact my office.

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About the Author

Principal since August 1, 2006
James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut.
Jim focuses his practice in the areas of worker's compensation and personal injury l...

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